John Ramsey Miller
This week I was reading about a famous photographer with serious financial problems and I was thinking about how her dilemma is really nobody’s business but hers and the people she owes the money to. She collateralized a loan with the copyrights of every photograph she’s ever taken or will take. Other than the fact that it’s a cautionary tale of reversal, it’s just another story about someone who got in over their head. Why do we thrive on other people’s problems and especially their failures? There’s a German word for it that I can never remember how to spell and have to look up. It’s Schadenfreude. I don’t know why we don’t have a word in English for it. We watch fascinated like we’re getting paid for every Icarus that flies too close the media’s headlights. This incident with the photographer got me thinking about copyrights. It’s something authors should think about, become familiar with. I checked on the Net.
How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. Of course it’s complicated, and I don’t really know much about it. I guess we might all do to know where we stand legally speaking.
How familiar are we with the laws that protect us. And do you understand the Google Settlement? How pissed are we to get if our copyright is violated?
I started a new work this week and I’m excited about it because I’ve been doing a mental dance with the protagonist for a couple of months getting to know him, his cadence, his backstory. It’s not a thriller, it’s a story and I want to tell a story that isn’t a chase against the ticking clock. I don’t want my characters wearing their shoes out twice from the front cover to the back. I just want to once be able to peel an onion layer by layer and build suspense differently. I wonder how I would feel if somebody took this character after I am dead or have wandered off into the woods or am living with my chickens and dogs and put him in a book they wrote. I think I’d be weirded out.
A question comes to mind from a recent lawsuit. If I want to write a book that includes characters from Salinger’s book, CATCHER IN THE RYE, can I do it? Say you want to write a book that takes Holden Caufield thirty or forty years beyond where Salinger left him, can you do it? Why pick up something Salinger dropped? Can you do it if you get Salinger’s permission? Why would anybody write a book, spending a couple of years laboring at it using someone else’s character or characters?
you’ll probably never know which fifty percent.




